SITTIG LAW Law Firm Blog

False accusation of child abuse - How to defend yourself rightly!

It's a nightmare for every parent: being accused of abusing their own child. These are often unfounded accusations, but they can have far-reaching consequences. If you find yourself in such a situation, it is crucial to act quickly and correctly. As experienced criminal defense lawyers, we are at your side to refute the accusations and prove your innocence.
Contents

The most important facts at a glance

What are the consequences of false accusations?

A charge of child abuse is not just a severe blow to you personally. The accusations can turn your entire life upside down:

It is understandable that you feel overwhelmed and emotionally taxed in this situation. It is all the more important now to keep a cool head and seek professional support.

Our Promise: Expertise and Experience

As a specialist lawyer in criminal law, I possess extensive specialized knowledge and many years of experience in defending against false accusations. My team and I will support you in all phases of the proceedings:

Benefit from our expertise and dedicated commitment. We have successfully defended numerous clients against false accusations and have been able to clear up baseless allegations in many cases.

Legal basis and possible procedure

Child abuse is punishable under the German Criminal Code as the mistreatment of persons under one's care (§ 225 StGB), an aggravated form of bodily harm (§ 223 StGB). This includes not only intentional physical abuse but also emotional cruelty, malicious neglect, and endangerment of health.

A typical investigation procedure proceeds as follows:

  1. Criminal complaint by private individuals or the youth welfare office
  2. Police interrogation of those involved
  3. Prosecutorial investigations and possible indictment
  4. Main court proceedings with evidence taking and judgment

The possible legal consequences range up to multi-year prison sentences. In addition, there is the risk of family court measures such as restricting custody and visitation rights. However, with the right defense strategy, it is often possible to achieve a dismissal of the proceedings.

Exculpatory evidence and arguments for your defense

To defend you in the best possible way, we critically question the accusations from the outset. In doing so, we concentrate on objective evidence and arguments that speak for your innocence:

Together with you, we will review the facts and optimally prepare you for your statement to the police and in court. We will leave no stone unturned in our efforts to influence the investigation in your favor and work towards a swift dismissal of the proceedings.

Let's get started - How we'll work together

Let's not waste time and get straight to establishing the foundations for your successful defense in a personal conversation:

  1. Arrange an appointment promptly by phone or via our contact form.
  2. In the confidential initial consultation, you will describe the situation to me, and we will analyze it together.
  3. As of now, I will be handling communication with the investigative authorities and requesting access to the files.
  4. We develop an individual defense strategy and prepare you for interrogations and court dates.
  5. I will consistently pursue exoneration and dismissal of the proceedings at every stage of the process.
  6. Together, we will also discuss useful measures to stabilize your personal environment.

Conclusion

False accusations of child abuse are an enormous burden, both legally and emotionally. But you do not have to go through this situation alone. With an experienced criminal defense attorney as a strong partner by your side, you can successfully refute the allegations and prove your innocence.

As a specialist lawyer for criminal law, I will develop a powerful defense strategy for you. I will exhaust all legal possibilities to conclude the proceedings in your favor as quickly as possible. Trust in my experience from numerous trials in this field – together, we will restore your reputation and your relationship with your children.

Frequently asked questions

No, as the accused, you have the right to remain silent. You are not obligated to comment on the allegations. It is advisable to speak with an attorney before making a statement.

The sooner, the better. Ideally, contact a lawyer immediately after becoming aware of the allegations. This way, they can advise you from the beginning and protect your rights.

The police and public prosecutor's office are investigating you anyway. After an indictment, the responsible court will also be entrusted with the proceedings. In addition, the responsible youth welfare office will usually be informed.

That depends on the individual case. Often, contact is initially restricted to prevent possible interference. With legal help, it's usually possible to find a visitation arrangement.

The mistreatment of persons under one's care is punishable by imprisonment from 6 months to 10 years. In less severe cases, imprisonment from 3 months to 5 years is possible.

If proceedings are discontinued, the public treasury bears the costs. If the case goes to trial, the costs depend on the outcome. 

Yes, if your innocence is proven, you can take action against the reporting parties for false accusation (§ 164 of the German Criminal Code - StGB) and, if applicable, claim damages.

In urgent proceedings, the family court can order provisional measures, such as transferring parental custody to the Youth Welfare Office. This can be contested if the accusations are unfounded.

It's not possible to give a general answer. On average, you should expect several months. However, a dedicated defense can significantly contribute to accelerating the process.

If the accusations are fabricated and objectively baseless, the chances of achieving a dismissal of the proceedings are good. Experienced legal representation is essential for this.

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Hamburg location
Head office
Martinistr. 11
20251 Hamburg
Tel: +49 (0) 40 808 125 550
Fax: +49 (0) 40 808 125 559

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